BISNAR | CHASE File Lawsuit Against City of San Clemente, California
On July 26, 2009, Janice Silva was walking from the beach in San Clemente, California. She headed toward the Linda Lane parking area and noticed the walkway and curb she needed to travel on were obscured by several inches of seaweed, sand and other debris. She tried to carefully continue, but it was very hard to distinguish between the edges of the walkway and the adjacent curb, and her foot got stuck in sunken debris. Her foot was trapped and immobile, but her body continued forward, causing the bones in her leg to twist and break. Janice endured serious injury from this accident because the conditions of the public property were so unsafe.
The California personal injury lawyers of BISNAR | CHASE (www.BestAttorney.com) have filed a lawsuit against the city of San Clemente for the dangerous conditions of public property that allegedly caused Janice's permanent and disabling personal injury. The action has been brought against the defendants by Janice and her husband, who was with her at the time of the incident.
San Clemente at Fault for Dangerous Conditions
"What is completely unacceptable about this case is that the City of San Clemente knew these dangerous conditions existed prior to the incident involving Janice, as this area is prone to flooding and debris accumulation," said Brian Chase, senior partner at BISNAR | CHASE. "Not only did the city fail to remediate the problem, it did nothing to warn the public about the danger that existed. By choosing to ignore it, city employees acted in a negligent, careless and reckless manner, putting human safety at risk."
The suit claims that the walkway where Janice was injured is subject to regular flooding and deposits of ocean debris, which the city of San Clemente should be quite familiar with. Despite knowing the hazardous conditions that can form at this location, the city was negligent to ameliorate the condition of the walkway, or to warn the public of the area's dangers. The accumulation of debris that hid the walkways, edges and curbs were unsafe for pedestrians to traverse, yet the city did nothing to post warning, and these conditions caused Janice's accident injury.
The lawsuit is pending in the Superior Court of California, Orange County, case #30-2010.
Read more California Personal Injury Attorneys File Lawsuit Against City of San Clemente, California, for Dangerous Conditions of Public Property. Also, be sure to stay current with BISNAR | CHASE press releases .
Comments
I was an independent contractor leading a trail ride at the Huntington Beach Equestrian Center which, at one point, is parallel to the city park and a disc course, which was developed subsequent to the existing trail. Frequently people on the course, mainly young
men who are openly drinking, throw frisbees or
discs either
intentionally, or inadvertently but carelessly at the horses. Two weeks ago a group of drunk young men threw discs at the horses causing my horse to shy (at least 2 riders were thrown) causing me to fall, splitting my helmet. I loss consciousness (I have had a prior head injury), fractured several ribs and my tailbone, and caused whole body trauma. I am now experience migrains. A CT scan showed no areas of obvious brain trauma. Another rider, a young girl, was thrown and she broke her leg. I stable my horse at the equistrian center and am afraid to make a claim against them. The city fails to monitor the disc course and there have been many incidents. The city should not have created the course immediately next to the trail, which was prexisting. It is also arguable that the equestrian center should have relocated the trail away from the disc course.
I am filing a claim against the city. I did not file a police report as
the drunk men ran away (which they always do); however there are witnesses
and the paramedics were called.
What are my remedies and is this the right course. Is legal representation desirable?
Shannon
Posted by: Shannon Smith | August 10, 2010 1:08 PM